REZ-05-05 SUB-07-05 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Application for a Zone Reclassification from )
the Urban Residential-3.5 (UR-3.5) Zone ) FINDINGS OF FACT,
to the Urban Residential-7* (UR-7*) Zone; ) CONCLUSIONS OF LAW,
and Application for a Preliminary Plat; ) AND DECISION
Applicant: R. Todd Rooks )
File No. REZ-05-05/SUB-07-05 )
I. SUMMARY OF DECISION
Hearing Matter: Applications for a rezone from the UR-3.5 zone to the UR-7* zone, and for a
preliminary plat.
Summary of Decision: Approve applications, subject to conditions of approval. The preliminary
plat will expire on August 11, 2010. An application to request an extension of time for the
preliminary plat must be submitted at least 30 days prior to the expiration date.
H. FINDINGS OF FACT
1. The application seeks approval of a zone reclassification from the Urban Residential-3.5
(UR-3.5) zone to the Urban Residential-7* (UR-7*) zone, on approximately 2.66 acres of land;
and an associated preliminary plat to subdivide such acreage into fourteen(14) lots for single-
family dwellings and one common open space tract.
2. The site is located along the east side of Burns Road, approximately 300 feet south of the
southeast corner of the intersection of Broadway Avenue and Burns Road, in the SE 1/4 of Section
14, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel nos. 45144.0522,
45144.0523 and 45144.0524 (previously designated as parcel Nos. 45144.0518, 45144.0519 and
45144.0520, pursuant to BLA-03-05), and is legally described on the preliminary plat map of
record. The existing improvements on the site are addressed at 602, 610 and 620 North Burns
Street, Spokane Valley, Washington.
4. The applicant and site owner is R. Todd Rooks, 721 N. Pines Road, Spokane, Washington
99206.
5. On February 22, 2005, the applicant submitted complete applications for a zone
reclassification and preliminary plat, and a preliminary plat map, to the City Department of
Community Development in File No. REZ-05-05/SUB-07-05
6. On June 3, 2005, the City Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not appealed.
HE Findings, Conclusions and Decision REZ-05-05/SUB-07-05 Page 1
7. The Hearing Examiner conducted a site visit on June 28, 2005, and conducted a public
hearing on June 30, 2005. The requirements for notice of public hearing were met.
8. The Hearing Examiner heard the proposal pursuant to City Ordinance No 03-057, as
amended by City Ordinance Nos. 03-081 and 04-012, and the City Hearing Examiner Rules of
Procedure.
9. The following persons testified at the public hearing:
Karen Kendall, Assistant Planner Todd R. Whipple, P.E.
Spokane Valley Community Development Whipple Consulting Engineers
Department, Planning Division 13218 E. Sprague Avenue
11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99216
Spokane Valley, WA 99206
Allen Fusare
521 N. Burns Road
Spokane Valley, WA 99216-2098
10. The Hearing Examiner takes notice of the City Interim Comprehensive Plan, City Zoning
Code and maps, 2001 City Standards for Road and Sewer Construction, City Guidelines for
Stormwater Management, City Code, other applicable development regulations, and prior land
use decisions in the vicinity.
11. The record includes the documents in File No. REZ-05-05/SUB-07-05 at the time of the
public hearing, the documents and testimony submitted at the public hearing, and the items taken
notice of by the Hearing Examiner.
12. The site is approximately 2.66 acres in size, relatively flat in topography and unimproved.
The property is covered with grass and weeds.
13. The preliminary plat map illustrates one lot of 14,522 square feet, 13 lots ranging from
6,053 square feet to 7,011 square feet in size, and one common open space tract of 3,666 square
feet. The density(net) of the preliminary plat is 5.97 dwelling units per acre. Internal circulation
in the preliminary plat would be provided by a private road system, which would connect to Burns
Road in one location.
14. Effective January 1, 1991, the County reclassified the zoning of the site and nearby land
from its zoning under the now expired Spokane County Zoning Ordinance to the UR-3.5 zone,
pursuant to the Program to Implement the Spokane County Zoning Code.
15. Effective January 15, 2002, Spokane County implemented a new comprehensive plan,
Urban Growth Area(UGA) boundaries and Phase I Development Regulations, pursuant to the
HE Findings, Conclusions and Decision REZ-05-05/SUB-07-05 Page 2
State Growth Management Act. The County Phase I Development Regulations designated the
site and area in the UGA.
16. The County Comprehensive Plan designated the site and neighboring land in the Low
Density Residential category, and designated the land located along Sullivan Road in the area in
the Regional Commercial category. The Comprehensive Plan designated a significant quantity of
land located between Progress Road and the land designated in the Regional Commercial
category on the west side of Sullivan Road, east of the site, in the Medium Density Residential
category.
17. The County Phase I Development Regulations designated the site and area in the UGA.
Such regulations retained the UR-3.5 zoning of the land lying near the site, but reclassified the
zoning of the westerly portions of the land designated in the Medium Density Residential category
located east of the site and Progress Road, south of Broadway Avenue, from the UR-3.5 zone to
the UR-7 zone.
18. On March 31, 2003, the City of Spokane Valley was incorporated, and included the site and
surrounding land within the city's boundaries. On the same date, the City adopted by reference,
as City land use controls, the County's Comprehensive Plan, Zoning Code, Phase I Development
Regulations and certain other development regulations, with certain revisions.
19. The City Comprehensive Plan and City Phase I Development Regulations, respectively,
retained the comprehensive plan designations and zone classifications imposed by the County
Comprehensive Plan and County Phase I Development Regulations for the site and land in the
vicinity. The site is located inside the Aquifer Sensitive Area(ASA) Overlay zone of the City
Zoning Code.
20. The land lying near the site consists of lots of various size improved with single-family
homes, or lying vacant; except for a church located on the large parcel lying directly east of the
site along the west side of Progress Road. Further to the east and northeast, east of Progress
Road, is found a mixture of UR-3.5, UR-7 and Urban Residential-22 (UR-22) zoning; with multi-
family dwellings or offices located on the UR-22 zoned parcels. Intensive commercial uses and
zoning are found along Sullivan Road to the east.
21. The City Arterial Road Plan map designates Broadway Avenue, Sullivan Road and Sprague
Avenue in the area as Urban Principal Arterials. Broadway Avenue is improved to a 4-lane
section, and Sullivan Road is improved to a 5-lane section, including center turn lane. The
intersection of such roads is signalized. The Sullivan Road/Interstate 90 freeway interchange is
located approximately one-fourth(1/4) mile north of Broadway Avenue. Sullivan Road and
Sprague Avenue are significant transportation and commercial corridors in the City area.
22. Two owners of residences located along Burns Road, and the owners of a residence located
along Valleyway Road, expressed opposition to the proposal; based on such concerns as housing
density, small lot sizes, increased traffic, inadequate sewer facilities to serve the proposal,
HE Findings, Conclusions and Decision REZ-05-05/SUB-07-05 Page 3
increased noise, narrow paved width of Burns Road, impacts to pedestrians, inadequate parking,
and other concerns.
23. The Phase I Development Regulations require all zone reclassifications to be consistent with
the implementing zones specified in such regulations for the Comprehensive Plan designations that
apply to the subject property. The implementing zones for the Low Density Residential category,
in which the site is designated, are the UR-3.5 and UR-7 zones. The proposed rezone of the site
to the UR-7* zone implements the Low Density Residential category of the Comprehensive Plan.
24. The UR-3.5 zone, which currently applies to the site, is intended to promote areas of
primarily single-family residences in an urbanized neighborhood setting. Such zone permits
single-family homes, duplexes and certain other uses. The UR-3.5 zone permits a maximum
residential density of 4.35 dwelling units per acres. The minimum frontage for a single-family
dwelling in the UR-3.5 zone is 80 feet, and the minimum lot size is 10,000 square feet.
25. The UR-7 zone is intended to add to the variety of housing types and densities in urban
areas, and to provide standards for the orderly development of residential property in a manner
that provides a desirable living environment that is compatible with surrounding land uses and
assures the protection of property values. The UR-7 zone permits the development of single-
family homes, duplexes, multi-family dwellings and certain other uses.
26. The Phase I Development Regulations limit new residential development on land rezoned to
the UR-7 to a maximum density of six(6) dwelling units per acre; and such zoning is referred to
by the City as the "UR-7*" zone. The UR-7 zone otherwise permits a density of seven(7)
dwelling units per acre. The minimum lot area and minimum frontage for a single-family dwelling
in the UR-7 zone are respectively 6,000 square feet and 65 feet.
27. Policy UL.8.1 and Goal UL.8 of the Comprehensive Plan recommend the creation of urban
areas with a variety and mix of housing types and prices in residential areas. Policy UL.9.1
recommends that residential densities in the Low Density Residential category of the
Comprehensive Plan range from 1-6 dwelling units per acre. Policy UL.9.2 recommends that the
City seek to achieve an average residential density in new development of at least four(4)
dwelling units per acre, through a mix of densities and housing. The proposed rezone and
preliminary plat implement such policies.
28. Policy UL.2.14 of the Comprehensive Plan recommends that separated sidewalks be
required on public roads in all new residential subdivisions. Policy T.3e.1 recommends that the
City transportation network provide safe and convenient bicycle and walking access between
housing, recreation, shopping, schools, community facilities and mass transit access points; and
that obstructions and conflicts with pedestrian and bicycle movement be minimized.
29. Policy UL.2.20 of the Comprehensive Plan encourages new developments to be arranged in
a pattern of connecting streets and blocks to allow people to get around easily by all means of
transportation; but finds that cul-de-sacs and other closed street systems may be appropriate
under certain circumstances.
HE Findings, Conclusions and Decision REZ-05-05/SUB-07-05 Page 4
30. Policy T.4a.4 of the Comprehensive Plan recommends that private roads be allowed within
developments as a principal means of circulation; provided adequate measures are in place to
assure safe travel, emergency access and permanent private maintenance.
31. Policy T.2.2 of the Comprehensive Plan recommends that transportation improvements
needed to serve new development be in place at the time new development impacts occur, or that
a financial commitment, consistent with the City's Capital Facilities Plan, be made to complete the
improvement within six(6) years.
32. Policy T.4a.2 of the Comprehensive Plan recommends that the capacity of existing roads be
maximized to minimize the need for new or expanded roads, through the use of signalization,
improved signage and other means.
33. Guidelines set forth in the City 2001 Standards for Road and Sewer Construction("City
Road Standards") recommend the provision of adequate vehicular and pedestrian access to all
parcels of land, minimizing through traffic movements and excessive speeds on local access
streets, logical street patterns, minimizing vehicular and pedestrian-vehicular conflict points,
considering traffic generators in designing a street system in a proposed development, and
considering bordering arterial routes.
34. The City Road Standards require the installation of curb and sidewalk along the frontage of
new residential developments, and along both sides of a new public road, in the urban residential
zones. The standards require separated sidewalk, unless City Engineering authorizes a deviation
based on local conditions and other factors.
35. County Utilities certified the availability of public sewer to the site, through developer
extension. The applicant's consulting engineer indicated at the public hearing that a sewer
manhole and stub are located near the intersection of Burns Road and proposed Olive Lane in the
preliminary plat, which can be used for connection to public sewer. Vera Water and Power
Company certified the availability of public water to the proposed lots in the proposal.
36. City Engineering conditions of approval require the applicant to improve Burns Road along
the frontage of the site by adding additional asphalt, curb, gutter and sidewalk. Such
improvements are proportionate to the traffic impacts of the proposal, and implement the
requirements of the City Road Standards.
37. The applicant submitted a trip distribution letter prepared by a traffic engineering consultant.
The letter indicated that the project would likely generate approximately 15 vehicle trips in the
peak PM hour, below the threshold required for a traffic study; and that additional traffic analysis
is not warranted. Based on such letter, the City Engineering Department issued a certificate of
transportation concurrency for the proposal. The applicant's traffic engineer also stated at the
public hearing that considerable capacity exists in Burns Road for additional traffic.
BE Findings, Conclusions and Decision REZ-05-05/SUB-07-05 Page 5
38. The proposal complies with the public sewer, water and transportation concurrency
provisions of the City Phase I Development Regulations. The City Phase I Development
Regulations do not require direct concurrency for schools or parks.
39. The City Zoning Code will require the applicant to install a 6-foot high sight-obscuring
screen along the north, south and east borders of the proposed subdivision. This will help buffer
the project from the single-family residences located to the north and south.
40. The site is a logical choice for UR-7* zoning; considering the nearness of the site to the
arterial road system along Broadway Avenue and Sullivan Road, location of the site in a
developed area with a mixture of urban uses, the church located to the east, the availability of
commercial services along Sullivan Road, and the availability of a high level of public services to
the proposal, including public sewer and public transit.
41. The proposed rezone and preliminary plat implement the policies of the Comprehensive
Plan, as set forth in the Staff Report, and as supplemented in the analysis above.
42. In accordance with the City Subdivision Ordinance, the design, shape, size and orientation
of lots in the preliminary plat are appropriate for the proposed use of such lots, and the character
of the area in which the lots are located. Block dimensions reflect due regard for the needs of
convenient access, public safety, emergency vehicle access, topography, road maintenance and
provision of suitable sites for the proposed use. Road alignments in the proposal are designed
with appropriate consideration for existing and planned roads, anticipated traffic patterns,
topographic and drainage conditions, safety and the proposed use of the site. See preliminary plat
requirements in City Subdivision Ordinance.
43. No public agencies objected to the proposal, as conditioned, or its environmental impact.
The project will not have more than a moderate effect on the quality of the environment.
44. As conditioned, the project will be reasonably compatible with neighboring land uses, and
will not adversely impact the public health, safety and general welfare.
45. The proposal has been conditioned for compliance with the UR-7* zone, the County Zoning
Code, the County Subdivision Ordinance, and other applicable development regulations. No
deficiencies with regard to the compliance of the proposal, as conditioned, with applicable
development regulations have been established in the record.
46. Under Washington case law, a significant change of conditions in the area does not need to
be demonstrated for the proposed rezone because it implements the City Comprehensive Plan.
Significant changes, nevertheless, have occurred in the area since the zoning of the site was
reclassified to the UR-3.5 zone in 1991. This includes the extension of public sewer to the area,
adoption of the Comprehensive Plan and designation of the site in the Low Density Residential
category of the Comprehensive Plan, adoption of the City Phase I Development Regulations, and
traffic improvements and intensification of commercial development along Sullivan Road.
HE Findings, Conclusions and Decision REZ-05-05/SUB-07-05 Page 6
Based on the above findings of fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The proposed preliminary plat and zone reclassification to the UR-7* zone, as conditioned,
generally conform to the Comprehensive Plan.
2. The preliminary plat and dedication will serve the public use and interest; and make
appropriate provision for the public health, safety and general welfare.
3. The preliminary plat and dedication make appropriate provision for open spaces, roads,
drainage ways, schools and school grounds, playgrounds, parks and recreation, sidewalks for
children who walk only to school, non-motorized transportation, sanitary wastes, potable water
supplies, easements, utilities, planning features, and all other relevant facts as specified in RCW
58.17.110 and the City Subdivision Ordinance.
4. The proposed subdivision meets the general design requirements specified in Section
12.400.122 of the City Subdivision Ordinance, and other requirements for the approval of
preliminary plats listed in chapter 12.400 of such ordinance.
5. The proposed rezone bears a substantial relationship, and will not be detrimental, to the
public health, safety or welfare.
6. A change in economic, technological, or land use conditions has occurred to warrant the
proposed rezone, and a substantial change of circumstances has occurred in the area since the site
was last zoned.
7. The procedural requirements of the State Environmental Policy Act and the City
Environmental Ordinance have been met. The proposal, as conditioned, will not have a
significant, probable adverse impact on the environment.
8. The proposal, as conditioned, complies with the UR-7* zone, the Aquifer Sensitive Overlay
zone, other applicable provisions of the City Zoning Code, and other applicable development
regulations.
9. Approval of the zone reclassification is appropriate under Chapter 14.402.020 of the City
Zoning Code, and under City Ordinance No. 03-57, as modified by Ordinance Nos. 03-081 and
04-012.
IV. DECISION
Based on the Findings of Fact and Conclusions of Law above, the subject applications for a
preliminary plat and zone reclassification are hereby approved, subject to the conditions of the
various agencies specified below.
BE Findings, Conclusions and Decision REZ-05-05/SUB-07-05 Page 7
Any conditions of approval of public agencies that have been added or significantly altered
by the Examiner are italicized.
This approval does not waive the applicant's obligation to comply with all other
requirements of other public agencies with jurisdiction over land development.
CONDITIONS OF APPROVAL:
A. General
The following are general conditions of approval that apply to the rezone approval in File No.
REZ-05-05/SUB-07-05 (Birch Hollow):
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—PLANNING
DIVISION:
1. The Spokane Valley Interim Zoning Map shall be updated to specify an Urban Residential-
7* (UR-7*) designation for Parcel Nos. 45144.0522, 45144.0523 and 45144.0524.
2. The approved preliminary plat shall have a maximum of fourteen(14) single-family
residential lots. The preliminary plat shall be developed in substantial conformance to the
preliminary plat map dated January 21, 2005.
3. Pursuant to Section 12.100.116 (Expiration of Approval) of the Spokane Valley Interim
Subdivision Ordinance, the preliminary plat approval in File No. SUB-07-05 shall automatically
expire five (5) years after preliminary approval is granted unless a time extension is approved for
the project. If a request for an extension of time is not submitted and approved, the preliminary
approval expires and the plat is null and void. The expiration date for the preliminary plat is
August 11, 2010.
4. Pursuant to Section 12.100.118 (Extensions of Time) of the Subdivision Ordinance, an
application form and supporting data for time extension requests must be submitted to the
Director at least thirty(30) calendar days prior to August 11, 2010.
5. Pursuant to Section 12.100.130 (Enforcement) of the Subdivision Ordinance, any sale,
lease, or transfer of any lot or parcel created pursuant to the Subdivision Ordinance that does not
conform to the requirements of the preliminary plat approval or that occurs without approval,
shall be considered a violation of chapter 58.17 RCW, and shall be restrained by injunctive action
and shall be illegal, as provided in chapter 58.17 RCW. Each sale, lease, or transfer of each
separate lot or parcel of land in violation of any provision of this ordinance shall be deemed a
separate and distinct offense.
6. Pursuant to Section 12.400.132 (Utilities) of the Subdivision Ordinance, when the density of
a proposed subdivision meets or exceeds three lots per gross acre within the exterior boundaries,
HE Findings, Conclusions and Decision REZ-05-05/SUB-07-05 Page 8
the subdivision shall provide underground utilities within public rights-of-way, alleys or utility
easements including, but not limited to, those for electricity, communications, and street lighting.
The subject plat's gross density is 5.17 dwelling units per acre; therefore the proposal shall
comply with Section 12.400.132. If the applicant or successors in interest wish the Director to
waive the undergrounding requirement, a written request shall be submitted to the Community
Development Director requesting a waiver of the underground requirement and providing a
detailed explanation of the conditions, physical or otherwise, that make underground installation
impractical.
7. Except where noted in conditions of approval, the proposal shall comply with the provisions
of Chapter 14.618 (Urban Residential-7*) of the Spokane Valley Interim Zoning Code ("Zoning
Code").
8. Pursuant to Section 14.618.375 (Utilities) of the Zoning Code, all utility hardware shall be
placed underground or screened from view with a decorative block wall or landscaping. Said
screening shall be as high as the highest portion of the equipment and shall be permanently
maintained.
B. Prior to final plat approval, the applicant or successors in interest shall:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—
PLANNING DIVISION:
1. In order to comply with Section 14.618.365 (Walls) of the Zoning Code, the applicant shall,
prior to final plat approval, construct a six(6)-foot high concrete, masonry, or decorative block
wall, solid landscaping or sight-obscuring fence along the final plat's north, south and east
property lines. Further, the applicant shall submit a written agreement agreeing that the applicant
or successors in interest shall continuously maintain in good condition the six(6)-foot high
concrete, masonry, or decorative block wall, solid landscaping or sight-obscuring fence. Further,
the applicant shall at the same time agree that at time of sale of any and all of the parcels created
through the short plat action, the applicant shall notify in writing all buyers of the requirement to
maintain the six(6)-foot high concrete, masonry, or decorative block wall, solid landscaping or
sight-obscuring fence along the portion of the property under their direct control.
2. Pursuant to Section 12.400.134 (Professional Land Surveyor) of the Subdivision Ordinance,
a final plat shall be submitted and shall be made by or under the supervision of a professional land
surveyor who shall certify on the final plat that it is a true and correct representation of the lands
actually surveyed. All surveys shall comply with the Survey Recording Act (RCW Chapter
58.09), Survey and Land Descriptions (WAC Chapter 332-130), and the City of Spokane Valley's
Interim Standards for Road and Sewer Construction, as amended.
3. The submitted final plat application shall comply with all submittal requirements specified
in Chapter 12.400 of the Subdivision Ordinance.
HE Findings, Conclusions and Decision REZ-05-05/SUB-07-05 Page 9
4. Pursuant to Section 12.400.144 (Filing) of the Subdivision Ordinance, the City of Spokane
Valley shall record with the Spokane County Auditor's Office the final plat, upon receipt of all
required signatures on the face of the plat, provided that also pursuant to this Section, the
applicant shall submit prior to recording all required recording fees including appropriate fees to
pay for the cost of three (3) copies of the recorded final plat for distribution to the City of
Spokane Valley Planning, Engineering and Building Divisions.
5. Submit a final plat containing the following note on the face of the plat: "Lots 1 through 14
within this plat shall comply with the building setback requirements, maximum building height
standard, maximum lot coverage standard and other applicable lot development standards for the
UR-7* zone or successor zoning designation in effect at the time of building permit application.
6. A note shall be placed on the final plat map indicating that Lots 3, 4, 6, 10, 12, and 13 each
received approval to reduce the required lot frontage by five (5) feet, through an Administrative
Exception(File No. ADE-09-05).
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION:
7. A Professional Engineer, licensed in the State of Washington, shall submit final street and
drainage plans and a drainage report including calculations that conform to the 2001 Edition of the
Spokane County Standards for Road and Sewer Construction(as adopted by the City, and as
amended), the 1998 Spokane County Guidelines for Stormwater Management (as adopted by the City,
and as amended), and all other applicable standards.
8. Frontage improvements are required for Burns Road. Burns Road is designated as a Local
Access Street. Existing right-of-way consists of twenty(20) feet from centerline to property frontage.
Improvements required include a total of fifteen(15) feet of asphalt from centerline to property
frontage, Type B curb and gutter, ten(10) foot planter strip, and a five (5) foot sidewalk. This requires
a twelve (12) foot border easement.
9. Prior to final plat approval, the applicant or successors in interest shall submit written evidence of
the formation of a Homeowners Association(HOA) to perpetually operate and maintain the on-site
private street and associated facilities including but not limited to stormwater systems at the end of the
service life of the respective components, and any other improvements that may be legally required in
the future.
10. Prior to construction plan acceptance by the City of Spokane Valley Public Works Department,
the applicant or successors in interest shall submit an Operations and Maintenance Manual, prepared by
the applicant's engineer, for the street and stormwater systems. This manual shall include a discussion
of the design life of the various components, recommended repair and maintenance schedules,
calculated annual costs for repair and maintenance, and calculated replacement costs for each
component of the systems. The manual shall specify the recommended individual monthly homeowner
financial assessment to accomplish the identified maintenance and replacement tasks.
HE Findings, Conclusions and Decision REZ-05-05/SUB-07-05 Page 10
11. Plat language will be determined at the time of final plat submittal. Please contact the City of
Spokane Valley Public Works Department for appropriate language.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—BUILDING
DIVISION:
12. If any grading is conducted on the site, engineered grading permits shall be required per City
Grading Ordinance No. 04-016.
SPOKANE COUNTY DIVISION OF UTILITIES:
13. The final plat dedication shall state: "Public sewers shall be constructed to provide for the
connection of each parcel to the County's system of sewerage. Uses on properties within the
project shall be required to connect to the sewer and pay applicable charges per the County Sewer
Ordinance. Sewer connection permits shall be required."
14. Public Sanitary Sewer easement shall be shown on the face of the plat and the dedication
shall state: "The perpetual easement granted to Spokane County, its' successors and assigns is for
the sole purpose of constructing, installing, operating, maintaining, repairing, altering, replacing,
removing, and all other uses or purposes which are or may be related to a sewer system. Spokane
County, it's successors and assigns at all times hereinafter, at their own cost and expense, may
remove all crops, brush, grass or trees that may interfere with the constructing, installing,
operating, maintaining, repairing, altering, replacing, removing and all other uses or purposes
which are may be related to a sewer system. The grantor(s) reserves the right to use and enjoy
that property which is the subject of this easement for purposes which will not interfere with the
County's full enjoyment of the rights hereby granted; provided, the Grantor(s) shall not erect or
construct any building or other structure or drill on the easement, or diminish or substantially add
to the ground cover over the easement. The easement described hereinabove is to and shall run
with the land."
15. The applicant shall submit expressly to Spokane County Division of Utilities, under separate
cover, only those plan sheets showing sewer plans and specifications for the public sewer
connections and facilities for review and approval. Commercial developments shall submit
historical and or estimated water usage as part of the sewer plan submittal.
16. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the finalization
of the project.
17. Security shall be deposited with the Division of Utilities for the construction of the public
sewer connection and facilities and for the prescribed warranty period. Security shall be in a form
acceptable to the Division of Utilities and in accordance with the Spokane County Sanitary Sewer
Ordinance.
18. Security will be submitted to the Division of Utilities prior to approval of the Sewer Design
Plans.
BE Findings, Conclusions and Decision REZ-05-05/SUB-07-05 Page 11
19. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
VERA WATER AND POWER:
20. A water plan is required to be submitted, as well as the designation of utility easements.
SPOKANE REGIONAL HEALTH DISTRICT:
21. The final plat shall be designed as indicated on the preliminary plat of record and/or any
attached sheets as noted.
22. Appropriate utility easements shall be indicated on copies of the preliminary plat of record
for distribution by the City Department of Community Development to the utility companies, City
of Spokane Valley Public Works Department, and the Spokane Regional Health District. Written
approval of the easements by the utility companies shall be received prior to the submittal of the
final plat.
23. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County.
24. Water service shall be coordinated through the Director of Utilities, Spokane County.
25. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
26. Prior to filing the final plat, the sponsor shall present evidence that the plat lies within the
recorded service area of the water system proposed to serve the plat.
27. A plan for water facilities adequate for domestic use, domestic irrigation use, and fire
protection use shall be approved by the water purveyor. Said water plan must have been approved
by the fire protection district and the appropriate health authorities. The health authorities, water
supplier(purveyor), and the fire protection district will certify, prior to the filing of the final plant,
on the face of said water plan that the plan is in conformance with their requirements and will
adequately satisfy their respective needs. Said water plan and certification will be drafted on a
transparency suitable for reproduction.
28. The purveyor will also certify prior to filing the final plat on a copy of said water plan that
appropriate contractual arrangements have been made with the plat sponsor for construction of
the water system, in accordance with the approved plan and time schedule. The time schedule
will provide, in any case, for completion of the water system and inspection by the appropriate
health authorities prior to application for building permits within the plat. The contractual
arrangement will include a provision holding City of Spokane Valley, Spokane Regional Health
District, and the purveyor harmless from claims by any lot purchaser refused a building permit due
to failure of the plat sponsor to satisfactorily complete the approved water system.
HE Findings, Conclusions and Decision REZ-05-05/SUB-07-05 Page 12
29. A public sewer system will be made available for the plat and individual service will be
provided to each lot prior to sale. The use of individual on-site sewage disposal systems shall not
be authorized.
30. A statement shall be placed in the dedication to the effect that: "A public sewer system will
be made available for the plat and individual service will be provided to each lot prior to sale. Use
of individual on-site sewage disposal systems shall not be authorized."
31. The dedicatory language on the plat shall state: "Use of private wells and water systems is
prohibited."
32. The final plat dedication shall state: "The public water system, pursuant to the Water Plan
approved by county and state health authorities, the local fire protection district, City of Spokane
Valley Building Department and water purveyor, shall be installed within this subdivision and the
applicant shall provide for individual domestic water service as well as fire protection to each lot
prior to sale of each lot and prior to issuance of a building permit for each lot."
SPOKANE COUNTY FIRE DISTRICT NO. 1:
33. The east/west road(Olive Lane) shall be revised on the final plat map and named Alki Lane.
34. "No Parking" signs shall be posed on both sides of fire lane(s).
AVISTA:
35. A ten(10) foot easement strip for utilities is required behind any sidewalk facilities along all
public and private roads across Lot 1 through 14, and Tract A.
36. Submit a final plat specifying the following note on the face of the final plat: "Utility
easements shown on the herein described plat are hereby dedicated for the use of serving utility
companies for the construction, reconstruction, maintenance, protection, inspection and operation
of their respective facilities, together with the right to prohibit changes in grade that will reduce
the existing coverage over installed underground facilities and the right to trim and/or remove
trees, bushes, landscaping and to prohibit structures that may interfere with the construction,
reconstruction, reliability, maintenance, and safe operation of same."
C. Prior to or during on-site construction the applicant or successors in interest shall:
SPOKANE VALLEY PUBLIC WORKS DEPARTMENT—DEVELOPMENT ENGINEERING
DIVISION:
1. A Temporary Erosion and Sedimentations Control(TESC) plan, prepared by a Washington
State licensed Professional Engineer, shall be prepared and submitted with the site construction
plans. The TESC plan is to follow 1998 Spokane County Guidelines for Stormwater
Management. The TESC structures (such as silt ponds, silt traps) shall be installed prior to the
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start of site work, and the TESC measures shall be implemented and maintained throughout the
duration of construction and until the site has stabilized.
2. The permittee is responsible for arranging for all necessary utility adjustments, relocations,
or improvements as required for completion of the project. The developer needs to contact the
purveyors of each affected utility regarding private service, utility improvement, and any
relocation and adjustment costs. All rigid objects located in the clear zone shall be relocated
outside of the clear zone. The clear zone distances shall follow the 2001 Spokane County Road
& Sewer Standards.
3. Permits are required for any access to or work within the right-of-way of the Spokane
Valley roadway system.
4. Construction within the proposed public streets and easements shall be performed under the
direct supervision of a licensed Washington State Professional Engineer/Land Surveyor, who shall
furnish the City Engineer with"Record Drawing"plans and a certificate in writing that all
improvements were installed to the lines and grades shown on the approved construction plans
and that all disturbed monuments have been replaced. All work is subject to inspection by the
City Engineer or by his staff
QWEST:
5. Submit two (2) full size fmal plat maps with lot addresses noted and the serving power
utility design at least six(6) weeks before the developer's and/or builder's open utility trench date.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
6. Dust emissions during demolition, construction, and excavation projects shall be controlled.
Appropriate measures shall include but are not limited to the use of water sprays, tarps, sprinklers
or suspension of activity during certain weather conditions.
7. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto
paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately
to clean these surfaces.
8. Debris generated as a result of this project shall be disposed of by means other than burning.
9. If objectionable odors result from this project, effective control apparatus and measures shall
be taken to reduce odors to a minimum.
10. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspended carcinogen.
11. A Notice of Construction and Application for Approval shall be submitted and approved by
SCAPCA prior to the construction, installation, or establishment of an air pollution source. This
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includes emergency generators rated at 500 hp (375 kW) or higher, natural gas heating equipment
units rated at 4 MMBTU/hr or higher (input), and heating equipment units fired with other fuels
(e.g. diesel) rated at 1 MMBTU/hr (input) or higher. Contact SCAPCA for a Notice of
Application.
12. A Notice of Intent shall be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site. Contact SCAPCA for a Notice of Intent application.
DATED this 11th day of August, 2005
CITY HEARING EXAMINER PRO TEM
Mic el C. Dempsey, WSBA e
41 if
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Section 10.35.150 of the City of Spokane Valley Municipal Code(SVMC), as
amended, the decision of the Hearing Examiner on a combined application for a zone reclassification
and preliminary plat is final and conclusive unless within fourteen(14) calendar days from the
Examiner's written decision, a party of record aggrieved by such decision files an appeal with the City
Council of the City of Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane Valley,
Washington; in accordance with all the requirements of SVMC#10.35.150.
This decision was mailed by certified mail to the Applicant, and by first class mail to other parties
of record, on August 11, 2005. THE APPEAL CLOSING DATE IS AUGUST 25,2005.
The complete record in this matter,including this decision, is on file during the appeal period
with the Office of the Hearing Examiner, Third Floor,Public Works Building, 1026 West Broadway
Avenue, Spokane,Washington, 99260-0245, (509)477-7490. The file maybe inspected during
normal working hours, listed as Monday-Friday of each week, except holidays,between the hours of
8:30 a.m. and 5:00 p.m. After the appeal period, the file maybe inspected at the City of Spokane
Valley Department of Community Development,Division of Current Planning, 11707 E. Sprague
Avenue, Spokane Valley, WA. Copies of the documents in the record will be made available at the
cost set by City of Spokane Valley Ordinance.
Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation for
property tax purposes notwithstanding any program of revaluation.
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